MCGIVERN & HAMLIN

In the Family Court of Australia, Judge Humphreys considered interim parenting orders concerning a child, X, born in 2017. Following the separation of the parents, Ms Hamlin (the mother) and Mr McGivern (the father), X had been living with the mother and spending limited time with the father. The proceedings involved a dispute regarding the terms of interim parenting arrangements, including the requirement for CDT testing.

The court was required to determine the best interests of the child, X, in accordance with section 60CC(2)(a) of the *Family Law Act 1975* (Cth). This involved assessing various factors relevant to X's welfare and development in the context of the proposed interim parenting arrangements. The court also had to consider the implications of the father's alcohol consumption and the need for drug testing as part of the interim orders.

Judge Humphreys reasoned that it was in X's best interests for the child to live with the mother. The court made orders for X to spend supervised time with the father for a limited period each Saturday over eight weeks, with specific conditions regarding the location and duration of this time, including a requirement for X to have a midday nap. Crucially, the father was restrained from consuming alcohol for 24 hours prior to and during these periods of time with X. Furthermore, the father was ordered to undertake one random CDT test at his expense within 48 hours of being notified by the Independent Children’s Lawyer, with the results to be provided to the ICL and the mother's legal representatives. The mother was also ordered to keep the father informed of X's health issues, and both parents were restrained from making derogatory comments about each other in X's presence. The matter was relisted for further hearing.